Synopsis: Physical plant requirements for abortion clinics. For
purposes of hospital licensure law, modifies the definition of "abortion
clinic" to include an entity that provides abortion inducing drugs for the
purpose of inducing an abortion. Sets forth certain safety and health
requirements that an abortion clinic must meet. Specifies that existing
licensed abortion clinics must meet the safety and health requirements.
Requires the state department of health to inspect an abortion clinic at
least one time per year.

Effective: July 1, 2013.

Banks, Yoder

January 7, 2013, read first time and referred to Committee on Health and Provider
Services.

Introduced

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or thisstyletype reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 179

A BILL FOR AN ACT to amend the Indiana Code concerning
health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-1.5; (13)IN0179.1.1. -->
SECTION 1. IC 16-18-2-1.5, AS ADDED BY P.L.96-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1.5. (a) "Abortion clinic", for purposes of
IC 16-21-2, means a freestanding entity that: (1) performs surgical abortion procedures; or
(2) provides abortion inducing drugs to induce an abortion.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an
ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician's office as long as: (A) the surgical procedures performed at the physician's office
are not primarily surgical abortion procedures; and
(B) abortion inducing drugs are not the primarily
dispensed or prescribed drug at the physician's office.

SOURCE: IC 16-18-2-1.6; (13)IN0179.1.2. -->
SECTION 2. IC 16-18-2-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2013]: Sec. 1.6. (a) "Abortion inducing drug" means a medicine,
drug, or substance prescribed or dispensed with the intent of
terminating a clinically diagnosable pregnancy with the knowledge
that the termination will, with reasonable likelihood, cause the
death of the fetus. The term includes the off-label use of a drug
known to have abortion inducing properties if the drug is
prescribed with the intent of causing an abortion.
(b) The term does not include a drug or substance that may be
known to cause an abortion when the drug is being prescribed for
another medical indication.

SOURCE: IC 16-21-2-2.6; (13)IN0179.1.3. -->
SECTION 3. IC 16-21-2-2.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 2.6. (a) The entities to which this section applies
include abortion clinics holding a license under this chapter on July
1, 2013.
(b) An abortion clinic must meet the following requirements:
(1) Be constructed, arranged, modified, or maintained to
ensure the safety and well-being of patients, employees, and
visitors to the clinic.
(2) Provide a physical plant and equipment that meet state
fire prevention and building safety codes or rules established
by the fire prevention and building safety commission or the
state department.
(3) Provide a safe and healthy environment that minimizes
infection exposure and risk to patients, employees, and
visitors to the clinic.
(c) The state department shall inspect an abortion clinic at least
one (1) time per calendar year. (d) Beginning January 1, 2014, 410 IAC 26-17-2(f) is void. The
publisher of the Indiana Administrative Code shall remove this
provision from the Indiana Administrative Code.